We regularly advise on regulatory issues relating to airports, including:

• dealing with the Departments of Infrastructure and Home Affairs, CASA, Aviation and Maritime Security Division and regulators in other jurisdictions

• requirements under legislation such as the Airports Act, Aviation Transport Security Act, Civil Aviation Act, Air Navigation Act as well as Part 139 and the MOS

• protection of airspace and controlled activities

• compliance with National Airports Safeguarding Framework (NASF), including in connection with proposed property developments

• Master Plans and Major Development Plans

• structuring – to ensure ownership / operational regulatory compliance

• obtaining permissions, authorisations and exemptions

• security obligations for airports and others under the Aviation Transport Security Act

• contesting fines, ‘show cause’ notices and other administrative or criminal actions

• contributing to Government policy reviews and initiatives in the airport space

We also advise on a range of commercial and transactional arrangements connected with airports. Our experience includes:

• reviewing and negotiating a range of airport-related contracts and arrangements, including:

  • airport conditions of use

  • ground handling agreements

  • airside indemnities

  • airport alternate agreements

  • terminal service agreements and airfield services agreements

• asset leases and hire arrangements

• real property leases – both on and off the airport site

• competition issues and fair access

Given the complex nature of airports and airport-related business and the high value of assets utilised at airports, it is inevitable that from time to time disputes will arise.

Our litigation team has a wide range of experience in dispute resolution relating to airport matters and can confidently guide you through the dispute process.

We advise clients on:

• disputes over the quantum and payment of airport charges

• accidents and incidents at airports

• aircraft-to-aircraft collisions, including the Virgin A330 impact with Jetstar A330 at Melbourne Airport

• disputes relating to numerous vehicle-to-aircraft collisions

Government procurement is an important part of many of our clients’ businesses. The requirements of government bodies are often quite different to a business-to-business or consumer arrangement and vary from jurisdiction to jurisdiction. The rules around tendering can also be more complex.

Norton White has extensive experience in drafting, negotiating, amending and managing a wide range of Local, State and Commonwealth government contracts. We have advised on a range of concession or licence agreements involving ports, airports, national or state land use rights and other transport infrastructure.

Our experience includes:

• negotiating with all levels of State, Territory and Commonwealth governments

• advising on government tenders, procurements and other approaches to market, including:

  • assisting clients to prepare responses

  • liaising with government bodies

  • raising issues with or disputing a particular tender process

• acting in connection with subcontracting and ‘back to back’ / ‘flow through’ arrangements

• advising on compliance with government procurement rules and probity issues

• government contract templates – including head contracts, subcontracts, panels and standing offers and agreements for the supply of various goods and services

• providing advice on liability, risk and insurance regimes

• assisting a client with tendering for and entering into arrangements for air ambulance services with the NSW Government negotiating contract amendments with the Commonwealth